Schwartz' Estate
Supreme Court of Pennsylvania
This was an appeal by Abraham Morrison, a judgment creditor of said estate, from a decree of the Orphans’ Court of Allegheny county, made in relation to the distribution of the proceeds of sale of said estate.
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This was an appeal by Abraham Morrison, a judgment creditor of said estate, from a decree of the Orphans’ Court of Allegheny county, made in relation to the distribution of the proceeds of sale of said estate. George Schwartz, the decedent, died on or about the 26th day of February, A. D. 1838, having in his life-time made a last will and testament, dated 10th September, A. D. 1822, in which he devised and bequeathed all his estate, real and personal, to his wife Mary, for and during her natural life, but made no disposition of the same after her death, and appointed his wife sole executrix,…
1Opinion of the Court
The opinion of the court was delivered by
Bell, J.
— Under the construction of the acts of 4th April, 1797, and 24th February, 1884, as ascertained by Trevor v. Ellenberger, 2 Penn. Rep. 95; Penn v. Hamilton, 2 Watts 53 ; Duncan v. Clarke, 7 Watts 225; Benner v. Phillips, 9 Watts Serg. 13; Bredin v. Agnew, 8 Barr 233 ; and Keenan v. Gibson, 9 Barr 249, it would result that the lien of the debt due to Morrison was continued in full vigor against the land devised, up to the date of its sale, simply by the legal operation of the action instituted against the executrix, and the judgment confessed…
2Cases cited5 opinions
- M'Coy v. ScottSupreme Court of Pennsylvania · 1828
- Adams v. AdamsSupreme Court of Pennsylvania · 1835
- Murphy's AppealSupreme Court of Pennsylvania · 1844
- Penn v. HamiltonSupreme Court of Pennsylvania · 1833
- Duncan v. ClarkSupreme Court of Pennsylvania · 1838
3Cited by2 opinions
- Kirk v. Van HornSupreme Court of Pennsylvania · 1920
- Estate of O'GormanCalifornia Superior Court · 1910